Anitha vs Asha Mukundan on 2 August, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 217 of 2005(A)


1. ANITHA, W/O. K.R. RAMESH,
                      ...  Petitioner
2. K.R. RAMESH, S/O. RAMACHANDRAN,

                        Vs



1. ASHA MUKUNDAN, W/O. MUKUNDAN,
                       ...       Respondent

2. A.A. PONNAPPAN, S/O. ANTONY,

                For Petitioner  :SRI.D.KRISHNA PRASAD

                For Respondent  :SRI.T.B.THANKAPPAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :02/08/2006

 O R D E R
                           PIUS C. KURIAKOSE, J.
                ..........................................................
                            W.P.(C)No.217 OF 2005
               ...........................................................
                  DATED THIS THE 2ND AUGUST, 2007

                                 J U D G M E N T

Strenuous and persuasive submissions of Mr.K.A.Shaji Mathew,

learned counsel for the petitioners notwithstanding, I am unable to

agree that Ext.P3 order of the learned Munsiff is vitiated to the extent

of justifying interference by this Court under its visitorial jurisdiction

which is to be exercised only in exceptional circumstances. The

learned Munsiff on an evaluation of the evidence which had come on

record thought that a report by an advocate commissioner is

absolutely necessary for resolving the issues correctly. Of course,

there was considerable delay. But that aspect of the matter has been

taken care of by the learned Munsiff who has imposed reasonable

costs also on the plaintiff-1st respondent. The challenge against Ext.P3

fails. The Writ Petition will stand dismissed. The time for payment of

costs ordered by the learned Munsiff is enlarged by 10 days from

today.

(PIUS C.KURIAKOSE, JUDGE)
tgl

WP(C)N0.

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WP(C)N0.

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